Un employeur conclut une rupture conventionnelle avec une salariée après lui avoir adressé deux avertissements successifs. La salariée conteste par la suite cette rupture conventionnelle, en avançant que son consentement a...more
An employer concluded an amicable termination with an employee after giving her two successive disciplinary warnings. The employee subsequently contested this amicable termination, arguing that her consent was invalid due to...more
This newsletter reviews five notable court holdings over the last semester.
Moral harassment: the employer's investigation is valid even if all victims have not been interviewed (Cass, Soc., 8 January 2020,...more
7/19/2020
/ Acquittals ,
Appeals ,
Burden of Proof ,
Criminal Prosecution ,
Disability Discrimination ,
Dismissals ,
Employer Liability Issues ,
Employment Tribunals ,
Evidentiary Rulings ,
France ,
Health and Safety ,
Hiring & Firing ,
Internal Investigations ,
International Labor Laws ,
Interviews ,
Moral Harassment ,
Paid Leave ,
Res Judicata ,
Reversal ,
Sexual Harassment ,
Sick Leave ,
Supreme Court of France ,
Totality of Circumstances Test ,
Workplace Safety
The French government allowed the return to the workplace seven weeks ago already. However, a number of businesses have not been able to reopen immediately or operate fully, and the worldwide economic downturn may have a...more
The French government said on 11 May it is “Back to work.” What are the five questions that all employers should consider?
Of course the return to work will be a gradual process and even the French government is...more
5/4/2020
/ Criminal Liability ,
Employer Liability Issues ,
France ,
Gross Negligence ,
Health & Safety Standard ,
Occupational Injury ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Risk Assessment ,
Risk Mitigation ,
Workplace Decontamination ,
Workplace Safety
The coronavirus pandemic has had an enormous impact on how businesses operate around the world. To help you navigate the different labor laws and regulations that governments have enacted during this critical time, Dechert’s...more
4/3/2020
/ Business Closures ,
Child Care ,
Coronavirus/COVID-19 ,
Employee Benefits ,
France ,
Germany ,
Hiring & Firing ,
Holiday Pay ,
International Labor Laws ,
Paid Leave ,
Redundancy Dismissals ,
Redundancy Payments ,
Remote Working ,
Sick Pay ,
Social Insurance Contributions ,
UK ,
United States ,
Workplace Safety
This newsletter summarises four significant judicial decisions over recent months.
1. The purpose of a probation period is for the employee’s skills to be assessed. Therefore an employee’s absence would extend the...more
1/21/2020
/ Appeals ,
Collective Bargaining ,
Confidential Communications ,
Corporate Executives ,
Email ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Exempt-Employees ,
France ,
Freedom of Expression ,
Gross Misconduct ,
Hiring & Firing ,
Inadmissible Evidence ,
Job Duties ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Photographs ,
Probationary Period ,
Reaffirmation ,
Social Media ,
Supervisors ,
Theft ,
Work Computer
Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law.
This newsletter reviews five notable court...more
1/14/2020
/ Annotated Case Law ,
Appeals ,
Car Accident ,
Company Vehicles ,
Complaint Procedures ,
Employer Liability Issues ,
France ,
Harassment ,
Hiring & Firing ,
Internal Investigations ,
John Doe Investigation ,
Managers ,
Occupational Injury ,
Pre-Termination Notice ,
Retaliation ,
Reversal ,
Sexting ,
Sexual Harassment ,
Supreme Court of France ,
Vicarious Liability ,
Workplace Bullying ,
Workplace Injury ,
Workplace Safety ,
Wrongful Termination
There are important differences between the approaches that different countries take to address the issue of workplace bullying. This OnPoint provides an overview of the approaches taken in France, Germany, Russia, the UK and...more
6/1/2016
/ Employer Liability Issues ,
Employment Discrimination ,
France ,
Germany ,
Harassment ,
International Labor Laws ,
Popular ,
Russia ,
UK ,
Unions ,
Workplace Bullying ,
Wrongful Termination
Vous avez peut être manqué certains développements récents…
Cette lettre d’information rassemble quelques évolutions majeures du premier semestre 2015 en France en droit du travail.
Les demandes de dommages et...more
Before agreeing and executing a business sale involving a transfer of a business, an international publishing company (Wolters Kluwer) consulted its works council. The works council refused to deliver its opinion and issued...more